The Sun. — London, England, 1838-02-14 00:00:00

knacked hit brains out with his' pistol, and than continued beating him until he had shattered his pistol; that Arnold carried the pistol over to Chippewa. all covered with the brains of the murdered Mali, and boasted of the deed, exhibiting his pistol as a proof of the fact ; that after firing the teat and cutting her 'loose, the said Warren re. mained on hoard the boat, to prevent any person who might be below from escaping; that on several persons coming up from the cabin they were all stabbed with a sword by the said Warren ; that the said Warren retrained en board the steam-boat thr the purpose of pre venting said escape, until he was obliged to leave the beat on account of the fire. The said Nl`Donough further stated that they ki.ew that the persons whom they attacked were cit;zens of the United States ; that they took two prisoners, and that they were now at Chippewa ; and that violent means had Lee❑ wed to force at raid :;11 ners to untold the pans cf the force on Navy Island and on the frontier. The said M'Dooough further stated that they knew the boat was from Buffalo, and that she did not belong to Navy Island ; that they expected that there were a great many parsons on hoard, and that having gone: over in order to murder so many persons, they were disap pointed in finding so few persons on board ; that there were killed twelle or fourteen persons. The said Allen are was is company with the *aid Id`Donough or I'd`Dmald, and stated the same matters and facts as Ml•Douough. They were then on their way to Cobsurg, where they rerid.•d. S. M. LONGLEY. Sworn before tr.e,•,:hts Ist day of lar.u.try, H. A. SALISBURY, Zr:om. of Do(lds for Erie County. (Correvonclence of I:2e Albant/ Argus.) Lockhart, Jan. 7, 1E39. Sir,—At our county court, which adjourned y o , C2rday, the grand jury presented an indictment against .M`Nab and ten others, w ,` . .0 were proved to have been engaged in the affair at Schlosser, for the ❑nurdes Pf Durfee, and other Inmate: of the steamboat Caroltne. IDO7P OP A LITfER FROM THE DON. A. N. MACNAR, COLONEL COM. IiAgDINO, TO COL. Tli& DON. JONAS JONES, A.D.C. Head-quarters, Chippewa, Dec. 30, 1937. Saturday Morning, three o'clock. Sir,-1 have the hot: our to report, for the information of his Excellency the Lieutenaut-Goverrn,:. that having received positive information that the pirates and rebels as.' Navy Island had purchased a steam-boat, called the Caroline, to facilitats: their intended invasion of this country —and being confirmed in my InforZnation yesterday by the boat (which sailed under British colours) appearln),..at the island, I determined upon cutting her out ; and having lent Capta:n of the Royal Navy, he, in the most gallant manner, with a crew of voluSl'eers (whose names I shall hereafter mention), performed this dangers;:" e .ec ice,which was handsomely effected. In consequence of the Area'" pryfent it was found to be impossible to get the vessel over to this place, w "' therefore, necessary to set her on fire. Her colours are in my "‘""- slon.—l have the honour to be, Sir, your obedient servant, A. N. NIACN AB, Col. Commandin g p.s. We have two or three wounded—and the pirates about the same number killed. A. N. MACNAB.. THE FOLLOWING !SAN AFFIDATIT REFERRED TO IN COLONEL HACNAB'S COB kr SPOND2NCE. Upper Canada, district of Niagara, to wit :—Silvanus Fearns Wrig. ley, late of the township of Dumfries, in the district of Gore, labourer, deposed' and saith, that he Is a British subject, that he is enlisted with Charles Duncombe, and joined him in the London district; that after Duncombe's men were dispersed, he went with Alfred Luce, another of Duncombe's men, down to Chippewa, and crossed the Niagara river to join the Patriots—that he was on board the steam-boat Caroliae with the said Alfred Luce on their way to Navy Island, at the time sh? was captured—that he believes said Luce was killed in the engagement•— that he understood the boat to be the property of the Patriots—that on the same day she was captured she had taken a six-pounder to the island from Fort Schlosser on the American shore, with provisions and other necessaries for Mackenzie's army—that the flag they had on board was a British flag—that deponent saw the cannon put on board—that the cannon, as he understood, was the property of the United States—and that when the boats approached the steamboat, a rifle was fired at them from the steam-boat—that he then ran forward to the front of the steam-boat, when he was made prisoner. SILVANUS FEARN9 WRIGLEY. The only fire-locks deponent saw on board, were muskets and rifles. SILVANUS FEARNS WRIGLEY. Sworn before me at Chippewa, this 30th December, 1837. WILLIAM HAMILTON MERRIT, J. P. HIGH WATER AT LONDON BRIDGE TO-MORROW. Honing .......... IS minutes after i I Evening 32 minutes after 5 Tke publication If Tux SON NEWSPAPER commenced this day at ' 0 minutes past Three o' Clock. WITH WHICH f , THE TRUE SUN" IS NOW INCORPORATED. LONDON : WEDNESDAY EVENING, FEBRUARY 14, Mi. New York Papers to the ?oth ult., inclusive, have been received by the New York Packet-ship Gladiator, which arrived yesterday at Portsmouth, and by the Europe, whose appearance off Liverpool was announced in the London Evening Journals of Monday. They bring the important intelligence, that, on the 14th ult., the insurgents evacuated Navy Island, upon ascertaining that the Federal Government was really in earnest respecting the observ- AU@ of a strict neutrality. Though the island was assailed by showers of bombs and shells from the Canada shore the insurgents' loss, in killed and wounded, was so trifling, that their dislodgment may be attributed to the neutrality of the frontier inhabitants of the United States, rather than to any apprehension of the formidable preparations made for-their capture by the British autho-ities. Hence it is evident that they were not supported by the sympathies of on , in a thousand of the people of the Upper Province, and that the revolt was not the result of a general spirit of disaffection, but the consequence of a conspiracy of a knot of mal-contonts acting in concert with PAPINEAu and his gang. MACK EN ZIE, who had accompanied his wife to Buffalo, in order to place her in some safe — asylum, was taken prisoner by the Mar shal ; but as bail was tendered for him to the amount re quired by law, he was almost instantly set at liberty. He returned to Navy Island to share the fate cf his associates in rebellion : thus proving that however deficient he may be in loya'ty to the Sovereign, and in regard for the best in terests of the province, he does not, like PAPINEAU, want either moral or physical courage. What has since be come or him does not appear from the frontier correspon dence of the New York Journals. The principal affair now to be settled between the Go vernments of Great Britain and the United States, is the burning of the Caroline, respecting which several interest ing documents will be found in our extracts. We have not the least doubt but that, should it he proved that Captain DREWE exceeded his instructions relative to the destroying of the Caroline, or that in fulfilling them the neutrality of the United States was violased, our Government will not hesitate an instant to make every reparation for such a wrong, demanded by the strict justice of the case, and sanctioned by the usages of nations. But in the teeth of such contradictory evidence as we this day publish from the American Papers, it would be prepos terous to attempt the expression of any decided opinion upon the relati%e merits of the question. Throughout this very tryins;• business, the United States' Executive bas exercised its functions in a spirit of goad faith which will long reflect upon it the highest credit. 'rho tone of the press, too, is greatly moderated ; and several Journals that at first • eagerly cried out for a war with England have had the goad sense, since the d ite of the last arri vals,.to acknowledge themselves compl-Aely misinformed on the Canada insurrection, by their rebel correspondents and such like informants on the Niagara frontier. One of the New York journals state distinctly that the Caroline bad not an American but a British flag raised when she was attacked and burned by Captain DREW. Owing to a heavy press of domestic intelligence, we are compelled to postpone the publication of numerous extracts from the American papers till to-morrow. Those which we give, however, include the substance of the really important news from the United States and Canada. An interesting debate took place last night in the House of Commons, on Mr.WAKLEY's motion, to appoint a Select Committee to inquire into the constitution, practice, and effects of the Association of the Operative Cotton-spinners in Glasgow. The LORD ADVOCATE took the opportunity of explaining his conduct, and the conduct of the Law dicers of Scotland, in relation to this subject, and of vindicating himself from observations made elsewhere. For what his vindication is worth we leave it to the reader. The result of the debate was to resolve on appointing a Com mittee, on the motion of the CHANCELLOR of the EXCHE- FaiER, to inquire into the operation of the Gth of Geo. IV., and to inquire generally into the constitution, the proceed ings, and extension of Trades' Unions. No person, we pro slime, can have any objection to the most extended and far searching inTtiry. Properly guided, inquiry leads to accurate knowledge, which is much to be wished on all subjects-- on combinations of workmen, as well as conspiracies of Priests, as described by Mr. LUSHINGTON, to palm igno rance on the people, and retain them in it. Generally, it is said, as Mr. SLANEY observed, and we believe with r tryo, 44 0 4 combinations of workmen are injurious to dvraer 1 and have " their foundation in popular k-, " i r l mum. , extensive inquiry may demonstrate the truth of tbsyr. ssertion ; and we have such a thorough re p . 1", litmus on t good sens e o f t h e wor k me n, that it is only rieLe t e4A * believe, to convince them of that, to make theniAtre y eschew combinations. Generally speaking ur . IAIL • . - ' 4 . 1.. Zhe r)0 \ urn. , THE SUN , 1.0144_ -,,DNESDAY FEBRUARY 14, 1838. they are now w e ll-inFo:rned, reas• - un.ble beings, much more easily led by their convictions than driven by their ftars ; and much rucre like'y to do what is bendeial to themselves and others by the influence of knowledge than of terror. Let us then by all means have a full and complete inquiry, and let one object of it be ex pressly to ascertain and prove that combinatilons of work men are injurious to themselves. We must, however, own that we are not quite clear that a Committee of the House of Commons is the best instru ment for prosecuting such an inqury. Being wholly com posed of masters, or capitalists, or persons connected with them, and almost exclusively their representatives . , the workmen will be apt to look on it with suspicion, and will not readily and freely communicate to it all the facts within their knowledge. It will not command their confidence, and will fail, whatever it may demonstrate, to carry conviction to their minds. If they could have an advocate to conduct their cause, to prepare and marshal their witnesses, something might be done to gain their confidence, and bring home to them the convic tions which may result from the evidence. As the Com mittee is sure to be instituted, and as the inquiry wil be conducted, it cannot be expected, whatever may be the re sult, that it should be relied on by the workmen. The landowner, to quote an example for illustration, would cer tainly not rely on :. 1 .2e result of an inv, stigeion into the effect of the Corn-laws, wir;:11 should be wholly carried o:‘, by a Committee of workmen, taken kir. Dundee and Man chester, with power to call before them any farmers and landholders they pleased, and examine them in any manner they pleased, without any check, or any advocate to plead the cause, and bring out the case, of the landowners. They would repudiate such a tribunal ; and though its results should be to produce a clear demonstration, which we think probable, that the Corn-laws are injurious to the land lords themselves, they would reject it with scorn, as brc,tsght out by a partial tribunal and an incomplete inqu - .. rv, N o w iLc effect on the minds of the Operatives by the inqt;!_ry o f a C omn ; .. ttee of the House of Commons will be the same as the effect of 1;:: inquiry by a Com mittee of Operatives on the minds of the lan:_llorde. While we, therefore, are zealous friends to inquiry, we must re peat, that a Committee of the House of Commons, com posed exclusively of those who do not represent the work men, and are:not of them, is not the best means of getting at the truth, and of conveying it to the minds of the workmen. We cannot conclude without remarking, that we are not opposed to combinations, for all society consists of combina tions, but Only to combinations to effect an improper pur pose. Combinaons to obtain knowledge, to promote im provements, to raise 'vien in the scale of civilization, to spread information throu;h all classes, to resist oppres sion of every kind, to che is de scription, are all pr a i s e- w orthy freedom of every :ornbinations to palm ignorance on mankind, and to : m u ntain it—combi nation to keep up the price of food, anti Cut off com merce—combinations to enrich the landlords, though at the expense of starving the people—combinations of any one class to keep another class in a condition of servitude and dependence, however high may be the authority which sanctions them, are worthy of all condemnation. We would have those who arc now most forward to condemn thecombination of the workmen, reflect for one moment whe ther they have not set them the example, by instituting and maintaining some of the most injurious combinations known in history. Into them we are for inquiry, as well as into combinations of workmen; and perhaps the suffer ing workmen, and the suffering capitalists, may think an inquiry, by a Committee of themselves, into the effects of that legislative combination, called the Corn-laws—to en rich one class at the expense of another—will not be now be out of place. The short discussion that took place in the House of Commons last night relative to the occupation of Algiers, ought to convince the French that no party in the House participate in the apprehensions of danger, or in the jealousy towards Franco on that account, which two or three Tory Papers some weeks ago dwelt on with so much noise and fury. We believed at the time that no such apprehensions existed in the minds of any intelligent class of men in this country, and that they could be put f,,rth only with a view to excite a bad feeling between two liberal Governments, whose intimate union tends so much to promote constitu tional freedom, and to check the arbitrary purposes of its bitter enemies—the Holy Alliance. The foolish doctrines, announced with such a mischievous purpose, were responded to by no man of the slightest influence in either Ileum of Parliament, and last evening they were distinctly disowned by Radicals, Tories, and Whigs. Mr. AI AcKINxov , to his credit, took no party view of the question ; and so far from ex pressing any jealousy of the French, or blaming the English Governments for not interfering farther, expressed his be lief that the occupation of Algiers by the French was con ,istent with the law of nations, and would be conducive to civilization and the best interests of humanity. Sir SAMUEL WHALLEY also showed sound discretion on the subject, and the House evidently acquiesced in the views taken by men belonging to the two extreme parties. The French, under BOUIIMONT, were as much justified in ettacking the place as the English were under Lord EXMOUTH ; and if merit—for blame there can be none—attaches to one nation more than another, the French certainly have the best claim. At great expense and loss of life we stormed the fortress, and exacted certain promises from the kingly Corsair ; the Americans had to do the same ; but other nations were still subject to his depre dations ; and a nest of robbers were allowed to plunder and murder the subjects of Stites in the Mediterranean, not able to defend themselves, and engaged in commercial pursuits, and in friendly alliance vitu this country. The French took the only effectual worms of eradicating the nuisance. They did so at a great expense ; they still keep up their establishments there at an increasing expense, more to . the advantage of Europe than of France ; and should they b• able to establish their dominion along a portion of the African coast, they would, by introducing the arts of ci,ilized life, and by creating a demand for the productions of other countries, confer a benefit not on France only, but on the Christian world. The Petersfield election has been settled against the Tories. There were tvo votes objected to, which were immediately decided in favour of Mr. HECTOR, the pe titioning Candidate, who has been declared duly elected, to the ejection of Mr, JOLIFFE. The Longford electicn, too, if not already decided in favour of the Sitting Members, certainly will be so to-day. Remembering the Salford case also, we are entitled to say that the first efforts of the SPoT- TtswoonE gang have been quite unsuccessful. They may have, unfortunately, some hopes of succeeding in the case of Belfast, as the Committee is composed, with one exception, entirely of Tories. Nor can we deny that they are likely to gain one by the new writ moved last night for Bridg north. Mr. HANRURY TRACEY, who was petitioned against, accepts the Chiltern Hundreds, we understand, be cause he could not defend his election. The MAYOR closed the poll in a manner that was illegal ; and though, but for this act, Mr. TRACEY would have been legally and certainly re turned, he is quite unab!e to get over the illegal act of the returning officer. He retires, therefore, from the contest ; and it is presumed that Mr. PIGOTT Will Sit for Bridgnorth. Yesterday was the day of election at Elgin, and as Mr. MAULS was unopposed lie is now, no doubt, Member for the Elgin District of Burghs. The Paris Journa!s of Monday have all been received. The only news they contain of the least importance, is em bodied in the following extract, from the private corres pondence of the Constillitionnel—a moderately Liberal Journal : buli against the Pol,sh rebels, an.l ag,aint a -bishop,who obeyed some simple regulations of the Russian, at ~thoritres. The Pope ' 7 .,emand of the Russian nowauglity! Let him leave e l: :: n e , c o u y t . ed ordersdos( tEombepearrorrogaaittmanerae:i. is my subject, accused of mhi''ghattrp,,eziascoenl: I l i e i s e ha A ll r b c e hb tr is i l e7l l3 an o d i cc C n e d i e%t- gil4' .1 if he merits it." 'This answer, the truth of which I I!tiararttr se to you, has thrown our Cabinet into great embarrassment. It is hoped that the Emperor Nicholas, who is to visit Bef.ln and `icon t in the spring, will perhaps be able to persuade 11:5 father-in-law to gi' , e way. But persons who know the old King or Prussia are convinced. that he will not retract Isis words cr his re,olutions.—Constitetinnal. The English me it has net yet arrived. It was delayed yester.lay by the snow, which had fallen during the night, it did not arrive till ha'f. past two o'clock.—Lc Commerce. YAP:NCH FUNDS.—PARIP, FEB. 1:2. Five per Cents., 100 f. 35e, 4'e. Four per Cents., 103 f. s"c. fi,,eer.er Cents., 7t)f. Me, C' , e. Bank Actions, 2,'11.i1'. 2,700 f. 2,907 f. 50c. fter:te tie Naples, rtsf, i Oc. 99f. Roman Five per Cents., 1013 i %. Spanish Actives, INN Belylan Bank 1,51.: . .f. 1, 5 1/f. Mc. Portuguese aim Three per Cents. if,ytiati Loan, 385 r. RICIIANG2 On L 0141301.1. One malth, paper, —f. —c. ; money, 251. 4.5. "[lace months, paper, Tit*. ; money, 2Of. Me. LAST PRICES. Five per Cents. RM. 4::e. Three per Cents., 79f. Mc. Bank Actions, 2,1197 f. 50e. Rf:TIBIni, LOIS, Belgian Bank, 1,517 f. 300. Portuguese Three per Cents, 17%. Spanish Actives, 1944, Haytlan Les n, 3g,V. QUEEN'S BENCH.-(THIS DAY.) (London Sittings at Nisi Prius, before Lord DENMAN and a Common Jury.) BYRNE V. HARVEY, ESQ., M.P. The ATTORNEY -GENERAL (with whom was Mr. Erie and Mr. Ranker,) stated the case. tie was rather surprised that the present action should be defended, and so would the Jury when he had stated the facts, which were very fev and very simple, and scarcely admitted of any doubt. The defend nt, who was well known to then, no doubt, by fame and repu. taboo, was a gentleman of groat eminence and talent, Member of Par liament for Southwark, and was also proprietor of an Evening Paper called the True Sun, which was conducted with very great talent and ability. Before the beginning of the last Session of Parliament Mr. Harvey had resolved to conduct the newspaper, with regard to Par. Lamentary reports, on a footing which was quite new, as regarded that paper—which was, that although being an Evening Paper, it should have in each day's paper an account of dhe Parliamentary proceedings down to a given hour of the evening. The papers were to go by post that evening, and they would thus anticipate the Morn ing Pap.2rs for a considerable space of time in town, and by twenty.rour hours in the country. For that purpose, before the S23sion began, Mr. Harvey engaged reporters to enable him to carry Ins plan into execution. He spoke to a gentleman named Knox, who would be called before them, to engage a corps of Reporters, by which means he might give an account of the proceedings in the House of Lords and the House of Commons of that day, which could only be done by extraordinary exertion, which appeared almost incredible. Accordingly, Mr. Knox engaged, among others, the plaintiff; Mr. Byrne, a gentleman of considerable literary acquirements, for the Session. Mr. Harvey had, in the first instance, spoken to a gentleman named Geary, as if he wishes{ not to enter into an absolute engagement for the whole Session, but that he might be at liberty to give notice, and dissolve the contract when it suited his convenience. He was told that it was impossible to do so—that the usage was to engage Parlia mentary Reporters for the Session, and on no other terms could these gentlemen be possibly procured. Mr. Harvey gave the most unlimited lower for that purpose to Mr. Knox. He should tell them, that after wads the engagement was entered into with Mr. B 3 rne, for the Session at three a guineas per week ; but Mr. Harvey insisted likewise before the Session commenced to procure some assistance iii reporting the Courts of law in his Evening Paper of that same day, instead of copying them from the Morning Papers of the previous day ; and another engagement, perfectly distinct from the other, was entered into with the plaintiff for that purpose, at two guineas a-week, the Sessional engagement of three guineas a week being a perfectly distinct one. The Session began, and Mr. Byrne and the other gentlemen entered upon their duties, and it was not pretended by Mr. Harvey that they did not do that duty in the most satisfactory manner. Things went on thus up to the 2:lrd of December. In the meantime Mr. Harvey sold the True Sun to Mr. Murdo Young, the proprietor of another Paper, called The Sun. Dlr. Harvey no longer having occasion for the services of these gentlemen, directed a letter to be written by the Editor of the True Sun to Mr. Knox. The letter was as follows : " DEAR SIR,—I am directed by Mr. Harvey to write word ts you, that after Saturday next he will not require the service of either your self or your corps of Reporters, but will consider the engagement with you as terminated. Ho has further fold me to say, that he waited here, expecting to see sou, that he might tell you this personally; but as he was unable to remain any longer, he has desired me to give this informa tion in writing, " I am, &c. " JOHN DAVIS." The letter was dated Saturday, December la. Mr. Knox stated, in reply, that he would not receive such notice, because he had been engaged and had engaged others for a whole Session of Parliament, and that if Mr. Harvey had sold that paper, and had no longer occasion for their services, he must make them some compensation. There was a meeting with Mr. Harvey subsequently, when the matter was ex plained ; on which occasion Mr. Harvey made some observations which they would hear from the witnesses ; and told them to consider the Statute of Frauds, and whether that was not an obstacle to the demand they made. There was no pretence for saying that that was any obstacle to the plaintiffs' recovering —there was a contract made for the Session, that contract was entered into, and was broken off by Mr. Harvey, w ho must pay damages for the loss he had occasioned. To the allegation In the declaration, Mr. Harvey had pleaded that he had never entered into the contract. He allowed that Mr. Byrne had performed his part, and he allowed that he had discharged him if he hail ever entered into the contract. Now he (the Attorney-Ge neral) would prove that contrast in the most clear and satisfactory man ner. He would call Mr. Knox before them, who had received authority from Mr. Harvey, and who was his agent for that purpose. He would a l t o prove the fact by Mr. Geary, who was also present on one occasion, and he would call another gentleman to whom Mr. Harvey had acknow. :edged that such a contract had been entered into. He would first prove Mr. Knox's authority, and then, having constituted Mr. Knox the agent of the defendant, he had only to show that Mr. Knox had entered into that contract with Mr. Byrne. Having done that, the rent would be merely a question of damages. They would have to say what da- Tr/A ges Mr. Byrne was entitled to for the breach or the contract. At the time he had entered into the contract with Mr. Knox the plaintiff was engaged with a Morning Paper, which engage. men t t engagement he still held, but no other had he been able to was perfectly consistent with hi s d u ty to the Evening Paper. Ti pro cute in place of that from which he had been dismissed by Mr. Harvey. e la The ie,aion having commenced. there was no chance of his obtaining a ny fresh engagement. He therefore humbly apprehended that what the jury ; i had to determine was, whether Mr. Byrne ought not to be full amount of his salary, at three guineasa-week, down to the time when 'r the Session of Parliament would probably close. That was matter of conjecture. Of late years, lie was sorry to say, the Sessions o f parliament had been protracted and had gone on into Augus , Sep tember, and (in one instance) to October. He found there was very little hope, that the good old times would return, when Parliament was prpro,gued in the month of June. Last Session, when the death of the late King h 0 prorogued Parliament at a tolerably early period, but he found there was little chance, for many years, from the great increase of public and private business, that the eession Would terminate before the month of August. If they would take into p..nsideration, the probable duration of the session,— the number of weeks it consisted of, multiplied by three, would give, in guineas, what was the amount of damages Plain tiff wee entitled to recover. Mr. Robert Knox was then called and examined by the Arrentesev. G EN RRAL.—lie was in employment as a Parliamentary Reporter. He had had a conversation with the defendant, Mr Harvey, whom he knew to be the proprietor of the True Still, from conversations he had had with tit ra . In the month of October, he had seen Mr. Ilarvey at the True Sun office, and had a conversation with him with reference to the engagement of a parliamentary c..rps of Reporters, for the True Sun neaepaper. Mr Harvey stated, that he was most anxious to pesh the True Sun, by snaking strenuous exertions, and had asked the witness if he thoueht that lengthened and well reported geconnti of the proceedings of Parliament would con. tribute to that end, lje then then asked if witness thought that such a corps could be procured, acid the reply was, that there winlid he some ditticulty--that the Session of Parliament was just commencing, and that it would be an arduous task to compete with The Sias newspaper, from its well known, correct, and lengthened Parliamentary reporting. iliet the only means of attaining that object would be by the engage ment of a crape of gentlemen connected with the morning papers. Mr. ey then asked what the prep ble expense would be, and witness it 'with M what r. ~ sta t ed that he would call upon M. Gegry, and consult with hi m as to what would be the probable expense. Witness again saw th e defen datt it Geary, and the ndgacvneatrhgee o a f la t er to corpslao d o f M r f e . p 0 r Harvey,ters andan e thes ti. mre Cost of keeping of horses to carry up the copy to the True Sun office from the House of CoMnions, Mr, Harvey considered on the matter, and at length sa id, th a t h e w i s h e d w i tness t o form such a corps. l Vanes: replied that he was unwilling to do so, and that lie would ra ther Mr. Geary would do it, as his own time was very much occupied of Inoin . ng with other literary engagements of one kind and the other. That he did not like to take tine trouble and responsibility upon him of forming such a corps, when Mr. Geary might do it, who had snore time to spare. Mr. Harvey then asked Geary to do it; at length Mr. atrytY requested witness to do is, and he accordingly agreed to do so. Mr. Harvey mentioned that ho was about to leave town the next day for Manchester and the north of England. That conversation occurred in the month of October, about a month previous to the commencement of the Session. Witness then said "Then, Mr. Harvey, I have your authority to engage this corps?" and Mr. Harvey replied "Certainly." On leaving the room witness again lest the same question to him, and Mr. Harvey replied " Cer- Linty." The terms were fixed at three guineas a week. Witness subsequently saw the plaintiff, Mr. Byrne, and offs red him one of those enealements which was accepted. He asked him to take an engagement fur the Session at three guineas a week, and also to take one of the law courts for the early publication; witness was quite certain he engaged Mr. Byrne. He also engaged five others, which, with one gentleman already gig:d by Mr. Harvey, made seven. When the Session commenced they entered upon their duties, in which witness assisted, Mr. Harvey was aware of Mr. Byrne being one of the corps of reporters, and he was paid as such. The letter from Mr. Davis to witness was then put in and read, and also witness's reply as follows :—" Dear Sir,—l have received your letter of Saturday evening, in which you state " I am directed by Mr. Harvey to write word to you that after Saturday next Its will not require the services either of yoer. self, or of your corps of reporters." I must gonfass that I am not a little astonished at this, aware as I am that Mr, Harvey knows perfectly well that I have engaged the gentlemen referred to for the entire Ses. sion, according to the invariable practice of the press. You will, there fore, be good enough to inform Mr. Harvey, that I shall neither take nor give the intimation which he has directed you to give to me. I am, Sir, &c. " ROBERT KNOX. " Monday, December 18." Witness saw Mr. Harvey afterwards on the subject at the True Suu office, but it was understood that the conversation should be without prejudice. At the time the engagement was made with the plaintiff, witness was aware that he was engaged on a Morning Paper—it was a Morning Paper corps that Mr. Harvey required. The engage ments with Parliamentary reporters were made either for the Session or the year. It was very difficult, if not impracticeble, to obtain an engagement during the Session, utiles, in case of death, or some acci. dent of that sort. Cross-examined by Mr. Pee - rer—The names of the gentlemen forming t he corps, were the witness, Mr. Byrne, Mr. Geary, Mr. Francis, jun., 51r. Griffin, jun., Mr. Charles Ross, and Mr. Bee, whom Mr. Harvey had already engaged. The duties of those gentlemen commenced aecor a,ne to his engagement, the first day of the Session, which witness be lieved was the 1 5 th I) ec. Mr. Ross continued a reporter oil the True Sun till about a fortnight before the Christmas holidays. Left before Mr. Davis's fetter had been received, and witness made an engagement with Mr. Barrow in his place. Mr Ross's engagement was riot for the Session. Mr. Harvey had placed the responsibility upon him of having six re porters fur the Session; he would not have allowed a man to go un l ess he had made such an arrangement with him as would provide for any inconvenience. Without consulting Mr. Harvey, considers he had authority to let him go, and put another he conss n i t s his p Ace. lo Mr. Ross went at his own instance, pea,rdso t lie engagement was that he should leave at the tim lie 'el witnes s being aware that Mr. Ross was to leave London at that di The House adjaurned on the •2•2 d of December; a sketch of an taiggfreeneent was shown witness by Mr. Geary about the time that Mr. had given them notice to leave. He was aware that the doeu flarvey ment war i n existence, but ke did not see it until afte r h e h a d ma d e th e enga,e,ernent with the reporters. Witness was at the time connected with a morning paper, and always hid been. The True Sun was an evening paper, and he believed it had existed for some years. He had been on the London press for about four years, previously on the D u blin press, altogether about seve n years. Witness knew that Mr. Byrne was on tie Morning Advertiser at the time inc R . e s reporting for the True Sun. He had not a regular engagement then, but was a supernumerary. Mr. Byrne was now one of t h e parliamentary corps of the Morning Advertiser. Aster the cessation of his connection with the True Sun, he was more conti nuously employed on the Morning Advertiser, but his application for the situation was of two years' standing. Witness had brought an action against Mr. Harvey. Before his answer to Mr. Davis's note was writte n, the cores had not been convened and consulted ; he had spoken to one or two of them, for instance, Mr. Geary, who resided next door to him. He had written the letter letter of his own accord, In reporting for the morning Paper a portion of the reporter's time was passed at the office. "'There was a corps 01 ten or twelve, or fourteen, each of whom took a portion of the debate. One of then remaining until the adjournment of the House. Each gentleman took notes for three quarters of an hour, and went to his office to write out, Witness received four guineas a week from the Morning Paper with which— D o you mean to say that you are paid four guineas a week for three quarters of an hour each day ?--If you were aware of the nature of re porting, you would know that it takes six or seven hours sometimes to write out three quarters of an hour's notes. The Reporters were engaged on the principle of giving the debates up to half-past six, and occasionally nine 0 , 0160 k. Tim reporters took fieeerninnte turns, and by the rapid succession of the parties they were nabled to have the matter written out in salcient time. Witness's mgagement on the Evening Paper was compatible with his engagement m the Morning Paper. The Editor of his paper was aware of his hay mg such an engagement the previous Session, and if it was inelmpatiblc with his duties on the Morning Paper he certainly would not have 11lowed it. Re-examined by the ATTORNET-CENERNL—If Mr Byrne had had an engagement on a Morning paper, it would have been perfectly con sistent with the discharge of his duty towards Mr. Harvey. In fact it was the great advantage of a morning corps of reporters that witness had held out. Plaintlif had obtained nu engagement corresponding to that'which he held on Mr. Harvey's paper. He was aware before he had seen Mr. Harvey to make the engagement with a corps of reporter, that Mr. Ross was about to leave town, but as he stood A 1 on the London press, he was anxious to procure his services even for a short time. By a Juror—Witness had seen Mr. Harvey on the Bth of Novem. her to ascertain if he would make any arrangement as to the Queen's visit to the city. Mr. Ross was paid by the cashier who had the True Sun Office, all the other reporters were paid by the cashier. Lord DENMAN—How do you know? Witness—l have been present when others were paid. By a Juror—The reporters did not consider him answerable to him. George Henry Francis, examined by Mr. Eaave—Witness was a plied to by Mr. Harvey to superintend a corps of reporters for the firs I Session of 1837, and acted as superintendent. Ile was again applied to be fore the last Session of 1837 to assist in forming a cdrps, and he informed that he could not, but that lie would give him any assistance in his power. At his request witness named Mr. Geary as a person who was a good reporter. Witness observed that the salaries of last Session were too small, and that he would do well to increase them, to which Mr. Harvey assented. Mr. Harvey requested witness to tell Mr. Geary to wait upon him. He had a conversation with Mr. Harvey about the 10th or 11th of November, when Mr. Harvey expressed himself sa. tisfied with the arrangement made, and that he reposed full confidence in Mr. Knox. Witness stated that Mr. Knox, having engaged his bro ther as a sessional reporter, he was desirous that he should be engaged as an annual. Mr. Harvey replied that he would say nothing then about annual engagements ; that Mr. Knox had an authority of extending to sessional engagements, and that it would be time enough to talk of annual engagements when the session was over. Mr. Byrne had been engaged in the first cession of 1837, by witness on Mr. Harvey's authority. A short time before the determina tion of that session, Mr. Harvey gave Mr. Byrne notice to quit at the end of a week ; witness saw Mr. Harvey upon that, and told him that Mr. Byrne's engagement was sessional. The r. suit of the conversation was, that Mr. Harvey said that Mr. Byrne, and the rest of the gentlemen had better remain till the end of the s,ssion, Mr. Byrne had engagements on the Post and the Morning Advertiser. Cross-examined by Mr. PLATT—The first Session of 1837 was from January until the death of the King. The second Session commenced on the 15th of November, and was now peoceeding. Witness's engage ment was two guineas a week and a fortnight's notice, at his own wish. He does not know what engagement Mr. Harvey m :de with three of the reporters, but the engagement witness made with Mr. Byrne and Mr. Griffin was in the customary way, for the Session. Something was said about Mr. H. wanting to give a week's notice, but Mr. Byrne was not engaged on such terms. Witness named the persons who formed the corps of Parliamentary reporters in the first session of 1337—tw0 of them en gaged by Mr. Harvey were dismissed before the close of the session—the others remained till the close. Witness remained on the True Sun establishment until the middle of last year, and during that time was on a morning paper as Parliamentary reporter. The close of the session terminated his engagement. Re-examined by Mr. ERLE—The fortnight's notice was an express stipulation, being quite unusual. The making of the arrangements shewed inasmuch as it was necessary to have it written. If an engage ment was not made at the commencement of the session it was difficult if not impossible to procure one. Mr. Geary examines! by Mr. ERLE—Witiiei6 was applied to by Mr. Francis, about the middle of October, with respect to an engage. ment from the True Sun ; he was requested to wilt upon Mr. Harvey He saw Mr. Harvey, who asked him in what capacity he appeared ? Witness answered, as a Parliamentary reporter. Mr. Harvey then in quired as to his terms. Witness said for an evening paper he would require 31. 31. during the Session, and 21. 2s. out. Mr. Harvey said money would be no consideration with him—he would not care whether he paid 21. 25., 31. 3s , 41. 45., or 51. 55., provided he could get a num ber of gentlemen about him, for he had some parties came to him its the capacity of reporters whose breath nearly put him out of the window.—(A laugh.) Mr. Harvey asked if witness knew any one whom he could recommend to him (Mr. H.) and he immediately named Mr. Knox as the most eligible gentleman he knew for Mr. Harvey's purposes. Mr. Harvey desired him to send Mr. Knox to him. Witness did so, and on the 21st of October he accompanied Mr. Knox and had an inter view with Mr. Harvey. Upon that occasion Mr. Knox told Mr. Har ♦ey that he would require a corps of seven reporters, and that he would require to pay them 31. 3s. 'I hat statement was upon a memorandum which was given to Mr. Harvey. The ATTORNEY-GENERAL—You have had notice to produce that identical paper ; I now call for it. Mr. PLArr denied that they had got any notice to produce that docu. ment. The ATTORNEI.OGNERAL called a witness, who proved that he served a notice to produce the document in question last night, at half-past eight, upon a footman, at the door of Mr. Yates, the solicitor for the defendant. The COURT held that this wai not suflfeient notice. The witness's examination continued.—Mr. Knox and he made cal culations such as he had stated ; and on communicating them to Mr. Harvey, he answered, " You say these things are necessary, and that this is the probable expense." They said " Yes." Mr. Harvey said whoever took the management of the corps was to fOrm all the engage ments, because he would be responsible to him (Mr. Harvey), and he was alone to communicate to him. He offered that Mr. Knox should have the management, which he agreed to do, upon condition that he (witness) should take the management, if lie was necessarily out of town. Mr. ilrsrvQy said that he was going to leave town next day. Mr. Knox then asked him, " Do I understand that I am to engage that number of reporters ?" Mr. Harvey answered, " Yes, certainly." Mr. Knox again put the question, when they were leaving the room, and re ceived the same answer. Knox and witness then walked over to Mr. 13rytie's house, and engaged him at 31. 3s. a week, for the session of Par liament. Mr. Knox went to Ireland, and about a fortnight after the last in terview, witness waited upon Mr. Harvey, to arrange as to the disposition of the corps in the Courts of Law. Mr. Harvey then produced a paper to him, which he read over, and it contained a condition, that the con_ tract should be put an end to on a fortnight's notice. Witness objected to sign the paper ; they had a good deal of conversation respecting it, and eventually Mr. Harvey waived it; he cancelled the paper, and added that he would not require the corp . :: to sign it. Mr. Ptirr said they could not go further in inquiring into the con tents cf this paper without its production. he COURT thought it was swearing very near—tho paper ought to b_ produ:•ed. Thu ATTORNEY-GENERAL prcdticA the proposed agreement, which was read. After setting forth that the undersigned were to use their utmost endeavours, in order to give the True Sun a pre-eminence, by t: , eir eknistant attendance and reporting in Parliament and the Courts of Law, it went on to say, that this agreement was to continue to the end of the Sesssion, unless put an end to by a two week's notice. The Witness—That 11;o - cement was proposed to him before the Sos slots commenced, but after the engagements had boon made. At that time witness told Mr. Harvey that it would be better for hint to rely upon the usage of the Press. He said he w..nted it merely to protect himself against negligence or insufficiency ; witness said the usages of the press would protect hint In such cases. Mr Harvey in talced the case of Mr. Powell against the Morning Chronicle, where the, was a verdlet against the proprietors. Witness said" Yes, but the proprietors in that ease pleaded inattention and inebriety, and offered evidence upon that plea. Had they been able to make out that plea, they would have had a verdict, and very proporly." Mt, Harvey said," Well, then, you or Mr. Km a will have no hesitation in giving me a letter of information, describing who form the corps and the duties they arc to perform." He also said that he never intended to re tain the power of dismissal in his own hands, but that he intended that it should remain in his (witness's) or sit Mr. Knox's hand. Thee then arranged for the disposition of the corps in the Courts of Law, and when Parlament met they commenced re p or ti ng there, and con tinued to do so until the 23d of Dece.nber. It is not at all inconsistent with the duty of a gentleman engaged for a Morning Paper to report for an Evening Paper. Cross-examined by Mr. PLATT—When the alleged agreement was shown him, he did not take it away in order to show his colleagues ; he took it away because the owning part of it contained the terms In which Mr. Harvey wanted his letter of information to be written. At that time witness was not aware that the True Sun was a losing concern. He thought it was advancing; he thought that Mr. Harvey's object was Mr. PLATT—To make the Sun rise again.—( A laugh.) Witness—Exactly; but he could not expect it all in a moment. He remembered arrangements to have been made for sending the Truz Sun into the country; it was to be sent off by an express at ten o'clock occasionally. On the first occasion on which an express was to be sent off the paper was not out for thirty or forty minutes after ten. He did not know from Mr. Harvey that it was a mere experiment for a few weeks. Witness had an action against Mr. Harvey, founded on the same claim; Mr. Harvey, however, had given him the option of either a sessional engagement or an annual one. The salary was paid weekly, and he had bean paid up to the 25d of D.Tember. All the corps were paid up to the same time. He could not say whether Mr. Davies was present at the interview with Mr. H. when the paper was talked about. He did not believe that he was present when they were discussing the merits of the paper—the alleged agreement. Mr. IL said ho had prepared tho paper, In order to prevent any future misunderstanding, as he thought it better to reduce the terms to writing, than trust to conversations. Witness never gave in to Mr. H. any letter of instruction, and Mr. H. never said one word about it in any subsequent conversation that witness had with him. Witness did not believe that he refused the offer of Mr. 11. to have it copied by his clerk. He dii not recolket saying that he could make it out, and that he would take it home. lie would ni t swear that he bad net said so, but he had no recollection of it. Mr. Siunet examined by the ATTOIINEV-GENERAL—Was now con_ nected with the Morning Post. He was a Reporter for the True Sun during the last session. Before the commencement of the present ses sion, he applied to Mr. Harvey for an engagement—it was a few days before the commencement of the session. Mr. Harvey said that he had left the whole business in the hands of Mr. Knox, but he believed the corps was full, and that there was no longer any room for him, Cross-examined—He was engaged during the whole of the last Ses sion for the True Sun—his engagement upon that occasion was redu,.ed to writing. The ATTORNEY-GENERAL said that was the plaintiff's case. There was no necessity to call witnesses as to capacity, as it was not dtnied. Mr. Pt ter—No, no—we make no charge of that kind. Mr. PLATT then addressed the Jury for the defendant. It had been stated in his Learned Friend's opening that upon the face of the plead ings it was admitted that Mr. Harvey had (Fschargud the piaintitf without any cause. The ATiouNEY.GesthitAL—No such thing. Mr. PLATT said the Jury had as good a reoilcction t:f his Frien,i's opening as he had himself, and he would be content to leave it in their hands, and would state to the Jury what the case really was they had to try. Mr. Byrne was one of the corps of Reporters on the True Sun. It appeared that Mr. Harvey had become proprietor of that paper in 1837, and he had imagined that if he could report up to a later period of the day than was usual with Evening Papers that it would be of advantage to him, Mr. Byrne was engaged, and acted as reporter, faithfully and diligently he admitted, down to the 23d of December, upon which day he was dismissed, having first been paid all that was due to him. It appeared that a dispute arose upon Mr. Davi es writ,ng that letter which had b een produced, as to whether Mr. Harvey had a right to di,miss them so summari.y. To try that right they w( re flow aUeirbled. The action was founded upon a contract. The de earation went on to state that the plaintiff was ready and willing to per_ form his share of the contract ; but had been dismissed without cause. The defendant had dismissed hint, and contended for his right to do so. If he had made an engagement such as had been stated to the Jury, he had not per;ormed it, and, if so, most undoubtedly the plaintiff was entitled to a vet diet; but if there was a diff'erent contract—if the plain tiff was engaged, to be discharged at a f rtnight's notice, then the de 'endant would be entitled to a verdict. To prove this case, they had the :nowt cur logs vet of *itnessu,, 4110 f them plaiutittS agaULit the c a me de fendant, upon the same cause —they came to establish a case, which, if made out, would be exceedingly profitable for reporters. [One of the Jury was here suddenly taken ill, and was obliged to laser the box. Both parties agreed to go on with the elq.en v-eraainini] Who were th* witnesses t First, there was Mr. Knox who made a claim of the same kind—who, along with his colleagues had commenced actions against Mr. Harvey, but it did not appear that they had yet gone farther than serving the writ. They wanted to see the I . liit of that trial before they went farther, when it would be easy for them to pl y Mr. Harvey his costs a n d give up their ictiOne.lt was perfectly clear that they all came to establish their own claims, They had only Knox, (Private Correspondence of the Constitutionel.) VIENNA, JAN. 28.—The evening before yestt rday there was a diplo matic meeting at Prince Nletternich's; the conversation turning on the affairs of Spain, and the address of your Chamber of Doputies. M. de Tatischeff, who thinks himself a wit, said, " Gentlemen, I can nouncet o you oUiciAlly, the dissolution of the Quadruple Alliance. M. Thiers, the er ea tor of this Cumstitutional masterpiece, has pronounced its fbneral oration ; it is buried, notwithstanding the eulogitina of the liberal Press ; it will not come to life again, unless this diabolical alli ance is a vampire." When the applause had ceased, M. de Metternich addeJ, " I always told you that little Guizot and his partizans are inde fatigable champions, worthy to make a figure in the middle ages. 'I hey strike hard, they will send the linerty of Spain after that of Italy and Poland." At this meeting, to which the Ministers of the Courts who were at. Cached to absolutism were admitted, there were three Frenchmen at tached to the Bourbons. You may therefore imagine that the hesitation of M. Mole and all the noticns of your Government were severely criticised. Fresh supplies of money will be sent to the Pretender, the Emperor Ferdinand having consented to open his immense treasures to aid abso. lutism in Spain. Tt is even affirmed that Prince Lichtenstein, who is Colonel of a regiment of Hussars, will be sent to Don Carlos to assist him with his military counsels, and represent Austria at his Court, as soon as he can be seriously recognised as King of Spain. It is quite certain that the King of Prussia has relnsed to accept the mediation of the Court of Austria in the affair of the Archbishop of Cologne. The King has answered to all the prorosals made to him. " The Emperor of Russia has had tde right to demand of the Pope a THE FUNDS.-(THIS DAY.) CITY, TWELVE O'CLOCK. (From the New York Morning Herald of Jan. MONEY MARKET.—Two important matters were discussed to. day in Wall-street—the new Sub-Treasury Scheme, and the private meeting of the Bank-officers last evening; little or no change has taken place in the Market today. The same impulse and move ments that have prevailed for several days still exist; specie is quoted at 3} to 4, being l to 3 per cei.t. higher than it was last week; St,cks are unchanged. VAchange for the next packet has not yet opened, hut speculation hes already begun as to its future course. At the pri. vate meeting of the Wall-street financiers the great subject of discus sion was the resumption of specie payments, the new Sub-Treasury scheme, and the proposed special mission to Philadelphia, in order to open a negotiation with Mr. Biddle for the accomplishment of some general plan of action to restore confidence in the Currency. The leading Banks here are now in a position to begin the new movement. The Banks have reduced their discounts very generally to the .lowest point. THE FUNDS. The important intell:gence received from Canada, by the New York packet ship, of the .oth January, of the rebels having laid down their arms in Navy Island, and evacuated it, which may be deemed a final 141Gsv to the Canadian insurrection, has given much satisfaction, both to the Merchants and the public in general; and has caused some anima tion this morning in the British Funds, which opened 1 per cent. higher than the leaving off price of yesterday, 9211 for the Account, with every appearance of a further improvement, as few troops will now be required to proceed from this country to Canada, consequently there will be less expeases. Exchequer Bills 65 to 57; India Bonds 55 to 57 ; Bank Stock 5011 India Stock 263 to .264. In the Foreign Market scarce an, thing doirg at present, and the prices mush the same as yesterday. Spanish Active, 141, with Cou:ons ; Portuguese 271 ; Three per Cents. 17i IS ; Brazilian 731 to 731 ; Dutch Two.and.a.Half per Cents., 5 il. Exch nge on England 10; Bank Shares 114 FB.ICES OF STOCKS THII3 DAY AT ONE O'CLOCK. Bank Steak .... • . ... 3 per Cent. Red. 92% 3 Ditto Bonds .... , 3 per Cont. Cons. Sill i i i % l A South Sea Stork — ..14 per Cent..........- ........... Old. Annuities ..........._ . — Ditto Red..... looUNili Nov Ditto 8 0 1,,4 Ne. 7 3y4 per Cent lO O l4 3 pee Cent. Annuities, :751_ N ew 5 p ,.. -t Cent.— ........... Bank Longh.7nulties to exrire Ditto 50P 54 56 pm. Jan. 5, 1860 ...... 15 3-164 4 3-16 Ditte Small Oct. 10, 1859 ........ . ............ 15; Ditto Commercial Jan. 5, 1460 ..................14 13-16' Ditto Advertised Pm Jan. 5, 188) -' Bank Stock for Account — April 5, 1880. ..... ...... ...... .. -- Ind. Stock for Account — Jan. 5, 187? — Consols for Acconnt... lO- 2!51i PRICBS OF FOR.EIGN FUNDS THIS DAY AT ONE O'CLOCK. Austria' f'onds Beisian Bondi .....»........... 10 - 240, Ditto Account .......... ........ _ Ditto. 3 per cent.— ....... ...17 '/x S 4 Portuguese 80nd5......._ ....... .. Ditto s tecout.t......, t3razilian Bonds •,...n•. '73 2? Ditto Account . — Ditto Account , Ditto New Bon:la 27 Guonos Nres Bonds .. ....... ... -.... Ditto Account Prussian Ite.ndS — Ditto Account " ..... ... . ...... .. Russian Bondi, 142 _ Nt . ts . ) A li coo on zn . t . .. 0 .............. Columbian Bonds...—. ....... ... Ditto Account — Ditto Account ....... ......... - - Ditto Metallic. ........» • C3lumbian Bonds, 18'2'1... ...... T 74 Spanish Bonds Ditto Account . 27 bli Ditto Account ......,........... Danish !kinds ~..... — Ditto Bonds, 1&14 18 14 Mt Ditto Account ..„„........,.. Ditto Account „. ....... ..... -....--- 4 per cent. ...... .. —I. —c. French, 5 pet cent.......... —f. —c Greek Bemis ittlarrogl••• • Ditto Bonds, 1425 ........ Ditto Accoant ........ -... ...------ 3 per sent ...... ".. —f. —c. r. • Nlexican li mds, 5 per cont.... 2t Ditto Account Dutch, 2W, ppf ant ypy i.‘ Ditto, t; per Gent ... • 281 9 Ditto Amiusit ~.„.„,,....,,,„5036% Ditto Ac: ount ..«.,•...... — Ditto, t per Cent.“..p.,,,, VI% Al Neapolitan .........„.,. ... „ ... .... --‘ Ditto Account ...... ...„, PRICES OF 511A1026 THIS DAY AT OE O'CLK. ?sl N it. OC Per Share. at U. pm.) 20 S— -23i t4,i 9 ,y Company l5 IN Tam , 2 WO. :Iny ...... 3 1!,..% 1 4; in 54 , 6 C' 1 .41 9 ' , 4 3 .t 5% %%hit ampany 9O RIMRT 5 911. iy........ 2.5 "'z(3 31 , 1 13 24 kNGE YESTERDAY tiitirait, .... 0 32 Leghorn... Genoa '..6 15 Milan 3l -6 1 enice .. :IS% !aples Paler4l o ...... ..... .......... per oz. 117 y, Bahia ............ ...... ................ Za R °Li re b .: l7t a n ne :: i : r : o ::: . : . : ... : . : . : . ........ ........................ :•••• ..... ~....: ut4 51 : .. . 24' Buenos Ayres .......... ...•• ......... —: Dublin, 21 days' sight .. ......... 04 Foreign Gold, in bars...." 3 1 i Y Z. New Doubloons . ............ 0 0 0 (11.trritictt.:-gE:;().(:F:lii,U'eciin!,°.....,N....:::l.;E-1 ....... C lO ''' New Dollars .......... . •....• 0 4 9 5 4 ~... 7* j Silver. bars. standard...... The favourable news from Canada continues to have an e'eCt HALF-PAST OWE O'CLOCK. Brltisli funds. Consols, which were in the early part of the morning and for a' 92A to 921 for the Account, have since improved to 0: 2 1 if , 3 5 In no theri7 ; Foreignlndi a Bonds, market l i tt l e to 5 d 7 0 1 i i Bank s S p t a t n i Stock, 2 A o c s t ! v ; e, next Account have been done at 021—at present 922. Exchequer Bills, 4 o n 1 t i he pons; Portuguese, 27 ; Three per Cents., 171 ; Belgian, 1021; Mexican improved, O SI 29; Columbian, 97 ; Dutch Two-and-a-Half per Cents. 531 / improved. We have no further are ivats, but the American packet of the 2-Ith ult. is expected in the course of the week. with Con_ 131;:sadiziaiiiiSatio,:k7,22s04 .; Brighton Shares improved to 41 prem. G reat W es t e rn to 19 rem' THREE O'CLOCK. Brazilian Imperial Mining Co. (Win Ditto Mai inbas Cocats Cata Branca Mining Company BirmitiZiain and Glaueester Railwa Commercial Blot k wall Railway Con D_.:l3lin and Kilkenny Railway C0..0 l•: istern Counties Railway ...... —. , II cat Western Railway Company Brighton Railway Company ...... ..uniton and Blackmall itailwa7 Ditto Scrip 1 c ndon and Birmingham tail way London and Southampton (Newt Rai v:,nchester and Birmingham Railwa Colonial Bank General Steam Navigation Company COUBSE OF EXCH A,nstercl .m C.F. 12 5 , 4 lAto, at light Rotterd . .m " U l2 6 A ntwer •.. Harolurg. 1!. U. 13 13% A:tona..—. Paris, 3 days' sight 25 70 Ditto 3 Ms. 25 95 31- rseiHes. Boutdeaux Frankfort on :llama, Br. M 1533. Petershuigli, ruble 3 (Jo. 10 • Berlin Vienna, effective P ', MlO 12 Trieste......ditto ........... Madrid 35 Cadiz—, Blboa .... B ace, ma 'l4 _. Seville Consols for the Account, Ell. We understand that Captain Sandemann or the Royal Navy, is to proceed to Upper Canada, to be ready to organize an additi ona l nava l forts on the Lakes i n the Spring, should that be ne cessary. SUPPRESSION OF D ONNYBROOK FAIR.--n the Court of Queen' s B enc h , Dublin, on Wednesday, t he first of s xty•five actions br oug h t by the tent-keepers, usuallyagains specu lators in p ro vidi ng refreshments at Donnybrook fair , against man Hodg es , w h o put an end to said fair by his own Monday to a l ate h our in the Queen's Bench , and was ' 11 ", thi,ri;y as Lo r d M ayor last year, was tried. It h a d o ccupied pc stponed to th a t d ay, when the jury found a verdic t for thei Lord Mayo r , thereby in effe c t v i rtua ll y putting an extinguisior on all the othe r trials of the lik e d e scription. The a ct;ons Mr. Madden, th e p ropr i etor of ths , fair, and its usually profit able tolls, &c , aga i nst the same defendant, for ar bi trar ily de priving him, by p u tti ng d own the fair, of 4001. per an num, en- . joyed under a p a t ent , w i ll come on during t h e p re sent nisi Arius sittings. The provincial papers' of France mention a cautious made of approaching the edges of ice after a fracture has taken taken pllc2 and a person has falle n through, which appears to have been su ccess f u ll y resorte d to, and saved many lives. It .s for th e p erson w h o comes to give aisistance to li flat upon the surface an d craw l to the edge, in which posit i on hi s h an d s are well disposed to catch the drowning person, and the weight of . his body by I clog distributed over a greater sur f ace, i s muc h d!rniniEhed. It might be well practised %Alien the edge of the ice is otherwise unapproachal,l2. handis to oo f m a u n c h re;tso A barn filled with corn, and a stack of hay, the property of Mr. May, of Ilidlow, were destroyed by en t s l u ic p =t tl o m f t T i u t e w sd a a s y last,caus eaindbythtehreeincendiary.reason to. The property, we understand, was not insured r •-- —an.lraury Journal. BEET-ROOT SUGAR.—At the close of 1837 there were 582 manufactories of home-made sugar in forty-two De partments of France. The produce of the manufacture amounted in 1833 to 30,349,340 kilogrammes, or 29,822 tons, of sugar, and in 1836 to 48,968,805 kil oa raintnes, or 48,094 tons. On an average, 20 kilogram mes o f b eet -root are re qu:red for the production of one kilogramm e of sugar. TIIE HIGH STEWARD OF OXFORD UNIVER SIT T.—We understand that this appointment has been given to the Earl of Devon by the Duke of Wellington, as Chancel lor, subject to the confirmation of Convocation. Several persons of distinction, including Lord Ashburton, had been named as likely to fill that high honorary office.—Jackson's ox ford Journal. A vacancy has occurred in the office of one of the six clerks of Chancery, by the death of Mr. Richard Pollen. These lucrative appointments are in the gift of the Master of the Rolls. SALMON FISIIING.—This fishing h as opened in the Northesk with the most gratifying sympt oms o f a success fulseason. re A , tthNe value of which is estimated at 50/ . —Mon larykirk, on the first day, fifty clean fish were trose Review. HURSTMONCEUX.—On Tuesday last, or early on Wednesday morning, a barn belonging to Mr. Jesse Smith, o f this parish, was broken open, and nearly three sacks of un winnowed wheat stolen therefrom ; the thieves were tracked oghs t, or early on Tuesday n early to Boreham-street, a portion of the al road. oOn Monday was say stolennitl from the ah ass farm yard of Mr. I'. Cosham, in this place. A su b scr i pt i on has scatteredesda3 morning, along v been entered into in this parish to defray the expenses of a night patrol during the winter months. Previous years have proved the advantages which result from the est a bli s h ment o f a watch, and no doubt similar benefits will follow from perse vering in the same course. Francis, and Geary; to speak to the contract, and they were all parties who were deeply interested in its being set up. Why was it that they had not had some reporters called who were not connected with the caie, in order to prove the alleged custom ? There were enough of News papers in London ; there were enough of reporters about, and surely it would have been very easy for them to have called one gentleman connected with the public Press, in order to prove the supposed or pretended custom. They relied upon them. selves alone, because his Learned Friend was well aware that if he had called any such witness he would have entirely failed in his object. Mr. Sinnet was the only gentleman who was called unconnected with the arty, and he told them most distinctly that when he was engaged by Mr. 11. the terms were reduced to writing. Was it possible that they could be. heve that Mr. EL—a man of experience, a man of business—could they believe that he would allow Mr. Knox to make any engagement that he ~ l eased. Was it possible that he would allow hiss to make enga:tementS with one party for the whole session, and with another party for a few weeks? If to, Mr. Knox might have engaged a corps for five years ; for, as the evidence stood, he was merely desired to engage a corps of reporters. Could they, for a moment, suppose that he, a man of great experience, would enter into a contract which was to be binding only on one party ? Mr. H. made out thecontract which had Leen produced that day, with such a flourish, before any of the parties had put pen to paper for the True Sins. He saw Mr. Geary, and, as a man of busi. ness, he told him he did n't want to have any dispute hereafter, and accordingly he prepares a paper which he hands to that gentleman, which he rays he rejected. Ills con uct, however, was not very con. sisteot with that rejection. If one of the. Jury were to propose to himself to bind a servant of his by writing, if that servant did not ap prove of the terms, could they for a moment suppose that the servant would early away the writing In his pocket. If Mr. Geary did not agree to it, why did he carry it away ? He took it away — he kept it—he is in a collusion with Mr. Byrne, and hands it over to that gentleman's attorney, who would not produce it from hit bag until he was forced, and then his Learned Friend the At torney-General, in his usuel flourishing manner, produces it, saying he had not the slightest objection to its b in;; before the Court. lsut lie had strong objections to the production of it, end unless his Learned Friend had been mecli pressed he t,evt.r would have produced it, es be was aaaid that it would make much against his own case. His Leaned Friend said that the blanks in that agreement were to be filled up with the names of Geary and Knox. Yet at the same time he admitted, that it was to be for the protection of Mr. Harvey. What pr;'sec tion on earth would it have been to Mr. Harvey if the blanks had been filled up with their names, and all power was to rernain in their hands, in spite of Mr. Harvey. Had any one of them (ttie Jury) ever heard of any agreement under which notice to Put an end to it by one party alone—would any of them allow a servant to ej, in his employ ment upon an agreement under which that ssrvaeA might give a month's notice to leave, yet he, the master, should have power to do any thing of the kind ? It was perfl-ctly ci•::ar that the blanks in the docu. went were to be filled up on the ont, hand with th e mime of!qr. flare r. , and on the other by one of the parties for the whole s or the whole names. Was it fair dealing with Mr. Harvey t o receive 3/. 3s. weekly, and at the same time not to signify to, 'ten t s th e rejection of the document. Did not Mr. H.'s conduct she:w that when he gave the notice he has! an idea he had a perfect right to do so ? His conduct, from the beginning to the end, showed that he all along thought that the parties opposed to him were entirely wrong. They took away the paper—they never returned it—they never saw ano ther, and thereMre Mr. H. concludes that the document is in full force. Were the Jury, then, to suppose that they had entered into another bargain than that which was stipulated for ? If so Mr. Byrne was entitled to the full price of his services, and no more. As the case stood, it was incumbent on the plaintino make out the contract. He had not done so, then defendant was entitled to a verdict. His Learned Friend had anticip a ted a defence which h e sa id th at M r. Harvey light rely upon. He said that Mr. Harvey would rely on the Statue of Frauds—so hero was the proof of that ? Mr. Harvey would disdain such a defence; his word was his bond; then why had his Learned Friend come forward now to insult Mr. Harvey in the manner he hal done? It was because of the weakness of hia case; if a man had a good and fair case—if lie had justice on his side-- if he could show that the contract was fairly entered into he would not use invective nor insult. Mr. Harvey came there as an honest man, indignant at such an insult. He knew that he had never entered into the contract. Mr. Byrne himself knew it. How did the document come into his possession? He knew of the agreement, and it was not until Mr. Harvey acted upon it by dismissing him that became to deny it. The cafe was then before them, and it was for them to say whether, on the evi dence of interested witnesses, they would give a verdiet against the defendant. The LORD CHIEF JUSTICE then summed up the case. He said the action was brought by Mr. Byrne, a Reporter, against the late Proprietor of the True Sun, and he thought that the case was very fairly met, be cause the defendant did not deny the efficiency or capability of the plain tiff. At first he had thought the question would turn upon Cie expected length of the session, but it appeared that both sides agreed that that should not be the point in dispute. The only question for the jury was, whether there wan a contract for the whole of the present session, and for that purpose it was necessary to look carefully at the whole of the e. idence in the case. His LORDSHIP then proceeded to recapitulate the evidence of the first witness, Mr. Knox, the letter of Mr. Davis, and the witness's replY -- , that was a strong as ser ti on on his part, that that was not the spirit of the bargain made with the defendant, No doubt the evidence of a witness, who also had taken proceedings against the defendan! , must be looked at as having a strong bias, and it would be the ir duty to attend to the evidence given with all the vigilance which should be applied to a witness having a strong fee lin g on the subject. The portion of the evidence of the next witness (Fr an cis) seemed to throw a gre a t d ea l o f l i ght upon the power which M r. Knox had received from the defendant, as he states that Knox had au• thority extending to Sessional engagements. After recapitulating the evidence of the other witnesses, and commenting upon those parts of it which bore more particularly upon the co i f' his Lordship then referred to the agreement proposed by Mr. Har vey, and proce e d e d t o recap i tu l ate the evidence of Mr. Geary, and ob served served that he thought f r o m th e terms of the memorandum that there were no persons from whom directions could be supposed to be take n, except Mr. Knox and Mr. Geary. If those were the two persons pro posed, then the Jury would say whether it at all made out that Mr. Harvey was to have on his part th e p ower, a t hi s pleasure, of dismissing any of those parties. Sloth Mr. Knox and Mr. Geary stated they never knew of the memorandum till after the engagement was actually made. If that were so it certainly could not control them ; if, on the other hand, Mr: Knox and Mr. Geary consented to t..k, 1; from Mr. Harvey, as limiting the engagement they were to en ter into with the reporters, it would be evidence to show that the: ) , had not the power, at least, to make the engagement for the whole s'assion in the first instance. His Lordship, after refering to the evid' e nee of Mr. Sinnett, sail the Jury would take these matters into thei' s serious consi. deration, and say whether Mr. Harvey either gave Mr. Knox express power to engage the plaintiff during ths whole s ess i on, or whether h e left Mr. Knox the powe r t o make such engarenents as he might deem ' expedient; and whether he, Mr. Knox, did make that bargain with the plaintiff. They. would theref ore h ave to say whether Mr. Knox did en gage the plaintiff with the defendant's authority, either general or aPe' c al, for the entire session —that was, for the session now current. It the Jury wereofopinion th a t t h e defendan, did make that engagement wi th the plaintiff; t:.e n it was clear end admitted that the defendant had iiismissed him without authority in sending him away on the Ifith of December, 1 837, and therefore they would have to say, if they took that view of tine case, to w h at damages the plaintiff' oval en titled by reason of that dismissal, Then with regard to the c damages. The pl a i nt i ff ' was engaged at three gu i neas a.weei during th e ti me Parliament sat, and two guineas a week dur ing the ti me i t d i d not, and the Jury would have to make the best e „ ca lculation they could as to t h e time the sessions would last, that oei gl4 . of course, at thi s ti me a matter of uncertainty. He, the Learned Judge, did not conce i ve that, supposing they thought the defendant liable, they w ere t o g i ve the plaintiff three guineas a week for the who.e s time they might b e li eve t h e session would last, because the plaintiff a gentleman of t a l en t an d capacity, and his services would be of some value to him, du r i ng th e perioe h might have been employed in M r. Ilarvey's servi ce . Ath ough it did not appear the plaintiff had made any ngagement, or that there was the least certainty of hi s niAkin any engagement at an y ti me for the remainder of the Session ; yet his Lordship could not conceive that his time would fall entirely valueless on his hands, and that would, therefore, be a reasonable calculation for the Jury to make i n th e i r estimate of what migi t boo slue to the Plaintiff: As there was some authority for saying the party was bound to pay for the whole of the time the contract might cover, theplaintiff could, pro vided they found fir him, move the Court to increase the damages. T he proper course fo r th em to take would be to take into consideration the length of time there was a probability of the Session lasting, and to give the plaintiff the amount of wh a t h e might lose by being deprived of three guineas a-week for that time, dedueting what might be a reason able estimate of the value of hit time to himself during that period- If they thought the defendant had broken the contract they would say what amount of damages the plaintiff was entitled to, but before they came to any conclusion on that subject they would have to say whether the plaintiff had proved the contract he had laid, via., whether he had proved he was engaged by the defendant for the whole session. If the plaintiff did nut prove that the defendant would be entitled to a verdict. They would e aislder the case on the evidence he had read, anti the whole of the circumstances taken together; and they would find their verdict for the plaintiff or defendant, according to the view they might take of the fair import of what took place between Mr. Harvey, Mr. Knox, and the pleintiff. The Jury then consulted together for a few l m —flutes, and returned a verdict for plaintiff, damages Forty Guineas. The ATTORNEY-GENERAL then applied for leave to move the Court. Lord DENSIAN—Do you think you are entitled to three guineas a week for the whole time? Mr. PLATT—Upon what ground is the verdict found ? The Foreman of the Jury—We have estimated that the Session would last twenty weeks, and we have given the plaintiff two guineas per week for the twenty weeks, The Arroarsire-GuevitaL—Then on an estimate the Session will only last twenty weeks, I hope you are right, gentlemen.—(Laughter.) The Foreman of the Jury—And we have also taken into consideration that for the remainder of the Session the plaintiff's services will not be required by the defendant. The ATTORNEY-GENERAL—Does your Lordship give us leave to move ? Lord DENMAN—If you think there is anything in it. I think it is clear there is no right to recover for the whole term. The ATTORNEY-GENERAL—I think the same, my Lord. Lord DENMAN—Then we had better say no mare about it, although there is a case in w hi c h i t h as been held otherwise. PLATE SUITED FOR PRESENTATION. Elegant or Splendid Silver Inkstands—Silver Waiters of ev ery . size —Silver Cup s , N ew an d Second-hand—Fifty varieties of Silver Tea and Coffee Services —Gold Snuff Boxes—Silver Table Snu ff` Boxes —Silver Epergnes—Silver Bread Basket. And many other articles of Plate adapted for Presentation as Testimonials, &c, m a Y be selected from, in the Show Rooms at T. COX SAVORY'S, Working Silversmith, Goldsmith, and Watchmaker, 47, Cornhill, London (Seven Doors from Gracechurch•street). B/RTHS. On the 30th ult., at Cilgwyu, Carmarthenshire, the lady of Major Gwynne Half,,rd, of a daughter. On the Ist inst., at Eaton-place, the lady of Robert Biddulph, Esq., of a daughter. On the 31st ult., at Knowle Hall, Somersetshire. the lady of John Edward Venables Vernon, Esq., of Clontarf Castle, Irelan4, of a son and heir. 11 , On the 31st ult., at. St. Mary's Paddington, John Millar, Esq.! barrister -at-law, to R osa , only daughter of A. 'F. Follett. EN., °I the Manor House, Paddington. • On the 10th inst., aged 44, Elizabeth Ann, wife of Mr. J. T. Burgon, of Ilucklersbury. On the 9th iust., in Fludyer-street, Westminster, Sarah Maria, wife of J. Huttner, Esq., of the F ore i gn - o ff ice , a ged 6S. O n the 9th inst., aged 49, Sarah, wife of W. Myers, Esq., of Uxbridge, and Great May's-buildin gs , St. Martin's-lane. rn On the 4th ins., Jues Priest, Esq., late of tl.e parish of St. Marylebone, aged OS, On the ith inst., the wife of Mr. Thos. Jones, of Islington, to her 64th year. wi( O io t l i v tohfe.sr. J. Pringle, 9th i nst.,.inNorton-street, at an advanced age , J anet, gl e,formerly W many years of ardour-stre et, upholder. m London: Printed and Published by MURDO YOUNG, of I "' 112, Strand, at The Suit Office, No. 11", Strand,in the oetuitl f I%lic ldleM, , —Wednesday, February 14, 183 S.